Legal Opinion

Maryland Coal & Coke Co. v. McGinnes

District Court, E.D. Pennsylvania

Decided January 21, 1964No. Civ. A. No. 26286PublishedCited by 6 opinions

1Opinion of the Court

LUONGO, District Judge.

Maryland Coal and Coke Company (Maryland) instituted suit for the recovery of sums paid the defendant in 1954 for federal income and excess profits tax deficiencies assessed for the 1950 calendar year. The deficiencies resulted from defendant’s determination that a $200,000 payment received by Maryland in 1950 for cancellation of an exclusive sales agency contract was taxable as ordinary income rather than as a capital gain. Defendant has moved for summary judgment. The facts are not in dispute, many having been stipulated and others, submitted by Maryland by affidavit,…

2Cases cited25 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  3. Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
  4. Commissioner of Internal Revenue v. José FerrerCourt of Appeals for the Second Circuit · 1962
  5. Commissioner of Internal Revenue v. Golonsky. Commissioner of Internal Revenue v. GoldCourt of Appeals for the Third Circuit · 1952

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3Cited by6 opinions

  1. Lozoff v. United StatesDistrict Court, E.D. Wisconsin · 1967
  2. Maryland Coal and Coke Company v. Edgar A. McGinnes District Director of Internal RevenueCourt of Appeals for the Third Circuit · 1965
  3. Estate of Israel v. CommissionerUnited States Tax Court · 1997
  4. Estate of Israel v. CommissionerUnited States Tax Court · 1997
  5. Estate of Leon Israel, Jr., Barry W. Gray, and Audrey H. Israel v. CommissionerUnited States Tax Court · 1997

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